Arizona Real Estate License Practice Exam 2026 - Free Real Estate Practice Questions and Study Guide

The term that describes how title to land is gained through open and notorious use of another's land is adverse possession. Adverse possession allows a person to claim ownership of land under certain conditions, typically requiring that the use of the land is both open and notorious, meaning it is visible and obvious to anyone, including the original owner; continuous, meaning the person must use the land without interruption for a specific period mandated by state law; actual, indicating that the person is physically using the land; and exclusive, meaning the person is not sharing control with the true owner or the public.

This doctrine serves to encourage the productive use of land while also providing a legal avenue for resolving disputes over land ownership. If these criteria are met over the stipulated time frame, a person can gain legal title to the property, regardless of the original owner's lack of action to reclaim it.

Eminent domain refers to the government's power to take private property for public use, providing compensation to the owner, which is fundamentally different from claiming land through occupation. Devise pertains to the gifting or bequeathing of property through a will, while intestate refers to a situation where a person dies without a will. Neither of these terms involves the open and notorious use of land that character